Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.

Before you can file a Chapter 13 bankruptcy there are some things you need to do. Some of the common requirements include filing your taxes for the most recent year due. Proof of your filing of taxes must be given to your attorney. A list of ALL of your creditors is also required in order to give notice to them. Evidence of pay for the previous two months must also be provided to your attorney. You will also need to bring proof of your social security and a government issued photo ID.

Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan – up to 60 months.

After filing for Chapter 13 you will have to pay for any property you wish to keep if that property has a lien on it. The debts are referred to as “secured” debts – examples include mortgages and financed vehicles. A debt that does not have a lien attached to property is referred to as “unsecured” debts. In a Chapter 13 you may be able to pay anywhere from 0 cents on the dollar up to the full amount, depending on things like current income, income over the previous six months, and the total value of your personal and real property.

Automobiles and certain other property, but not homes, are subject to cram downs. A cram down occurs when a secured debt is “cram downed” to the value of the property that secures the debt. For example, if you owe $25,000 on a vehicle that is worth $10,000 then a cram-down would result in the secured debt being only $10,000 and the remaining $15,000 would be unsecured. There are special rules for accomplishing a cram-down.

A Chapter 13 Plan must be confirmed before it can go into effect. Upon confirmation the Chapter 13 Trustee will begin to distribute the funds you have paid into your plan. You make payments to the Chapter 13 Trustee either through a payroll deduction or directly.

At the completion of your Chapter 13 Plan you will be caught up on your mortgage. You will then resume paying your lender directly the regular monthly mortgage. Any unsecured debt that was not paid will be “Discharged” meaning the creditors cannot take any adverse action against you.

If you want to stop foreclosure in Murfreesboro then call Murfreesboro bankruptcy attorney W. Alan Alder at 1-800-706-7863.